| 1 | 1 | | By: Hancock H.B. No. 3163 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to responsibilities of the Texas Commission on |
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| 7 | 7 | | Environmental Quality and Production Area Authorizations. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 27.0513, Water Code, is amended as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | (d) Notwithstanding Sections 5.551, 5.556, 27.011, and |
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| 12 | 12 | | 27.018, an application for an authorization submitted after |
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| 13 | 13 | | September 1, 2007, is an uncontested matter not subject to a |
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| 14 | 14 | | contested case hearing or the hearing requirements of Chapter 2001, |
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| 15 | 15 | | Government Code., unless the authorization seeks any of the |
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| 16 | 16 | | following: |
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| 17 | 17 | | (1) an amendment to a restoration table value; |
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| 18 | 18 | | (2) the initial establishment of monitoring wells for |
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| 19 | 19 | | any area covered by the authorization, including the location, |
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| 20 | 20 | | number, depth, spacing, and design of the monitoring wells, unless |
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| 21 | 21 | | the executive director uses the recommendation of an independent |
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| 22 | 22 | | third-party expert chosen by the commission; or |
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| 23 | 23 | | (3) an amendment to the type or amount of bond required |
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| 24 | 24 | | for groundwater restoration or by Section 27.073 to assure that |
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| 25 | 25 | | there are sufficient funds available to the state for groundwater |
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| 26 | 26 | | restoration or the plugging of abandoned wells in the area by a |
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| 27 | 27 | | third-party contractor. |
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| 28 | 28 | | (e) The executive director may use an independent |
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| 29 | 29 | | third-party expert if: |
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| 30 | 30 | | (1) the expert meets the qualifications set by |
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| 31 | 31 | | commission rules for such experts; |
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| 32 | 32 | | (2) the applicant for the authorization agrees to pay |
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| 33 | 33 | | the costs for the work of the expert; and |
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| 34 | 34 | | (3) the applicant for the authorization is not |
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| 35 | 35 | | involved in the selection of the expert or the direction of the work |
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| 36 | 36 | | of the expert. |
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| 37 | 37 | | (f) An application seeking approval under Subsections |
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| 38 | 38 | | (d)(1)-(3) is subject to the public notice and contested hearing |
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| 39 | 39 | | requirements provided in Section 27.018. |
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| 40 | 40 | | SECTION 2. EFFECTIVE DATE. This Act takes effect |
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| 41 | 41 | | immediately if it receives a vote of two-thirds of all the members |
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| 42 | 42 | | elected to each house, as provided by Section 39, Article III, Texas |
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| 43 | 43 | | Constitution. If this Act does not receive the vote necessary for |
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| 44 | 44 | | immediate effect, this Act takes effect September 1, 2011. |
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